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Welcome

HE Shared Legal is a national shared legal guidance and support service for the UK higher education sector.

HE Shared Legal provides ad hoc legal guidance to subscriber institutions in relation to individual enquiries.  In addition, we circulate generic guidance in the form of a regular newsletter highlighting legal developments of relevance to the sector.  We also offer a legal services consultancy service, which is available to all HE institutions.

Newsletter Issue 103

In this newsletter, the following topics are covered: Property: Tenant Fees Act 2019 New regulations and codes of practice for educational establishment housing Charity: Guidance for charities with a connection with a non-charity Governance: Independent Review of the...

Governance: UUK and NUS: report on BAME student attainment

Universities UK (UUK) and the National Union of Students (NUS) have published a report into the Black, Asian and Minority Ethnic (BAME) attainment gap in higher education and the action they propose is taken by universities to reduce it. The report, titled Black,...

Employment: Internal disciplinary proceedings and criminal proceedings

In North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387, the Court of Appeal considered an appeal by a Trust against the decision of the High Court to grant an interim injunction preventing it from continuing with a disciplinary investigation, amongst...

Employment: High Court – Employer not responsible for injury at Christmas party

In Shelbourne v Cancer Research UK [2019] EWHC 842 (QB) the High Court upheld a county court judgment that an employer was not liable in negligence for an injury sustained at its Christmas party by one of its employees, nor was it vicariously liable for the actions of...

Newsletter Issue 102

This month, the newsletter covers the following topics: Governance: UUK and NUS: report on BAME student achievement UUK guidance on sexual misconduct Employment: High Court: employer not responsible for injury at Christmas party Internal disciplinary proceedings and...

Governance: Bribery Act 2010: post-legislative scrutiny

On 14 March 2019, the House of Lords Select Committee on the Bribery Act 2010 published its ‘Report of Session 2017-2019 The Bribery Act 2010: post-legislative scrutiny’ as to whether the Act is achieving its intended purposes.  The Select Committee was appointed by...

Data protection: Tribunal decides on ICO Information Notice under DPA 2018

The First-tier Tribunal (information division) has considered an appeal against an Information Notice issued by the Information Commissioner under section 142, Data Protection Act 2018 (DPA 2018).  In its decision (issued in January 2019), the Tribunal noted that this...

Employment: Government consultation on confidentiality clauses and workplace harassment or discrimination

On 4 March 2019, the Government published an open consultation called: ‘Confidentiality Clauses: measures to prevent misuse in situations of workplace harassment or discrimination’. The purpose of the consultation is to seek evidence and views on the use of...

FAQs

Frequently asked questions

What is HE Shared Legal?

HE Shared Legal is a shared, non-profit-making, legal guidance and support service for HE institutions throughout the UK.

What does HE Shared Legal do?

There are three main elements to our work:

  • Shared, "in-house" legal service – providing guidance and support with (ie generally, answering) specific legal enquiries in the manner of an in-house lawyer
  • Generic guidance – publication of regular newsletters and FAQs on a wide range of legal topics of relevance to HEIs
  • Legal services consultancy – assistance and support with the selection, engagement, instruction and,if required, ongoing monitoring of external legal advisers
What is the significance of the ‘in-house’ aspect?

As far as possible, HE Shared Legal works with institution representatives on a friendly, informal basis, as if the HE Shared Legal lawyer was physically embedded within the institution concerned. We also endeavour to establish a strong working relationship with the relevant HEI managers and a sound understanding of the institution and its approach to governance, risk management, etc.

What areas of law are covered?

The service deals with nine broad areas of law, as follows:

  • Employment
  • Property
  • Charity
  • Environmental
  • Commercial Agreements (including procurement law)
  • Banking and Financial Services
  • Corporate and governance
  • Tax, insurance and pensions
  • Intellectual Property and IT law
Are there any other aspects to the work of HE Shared Legal?

In addition to the three main elements described above, the service also offers the following:

  • Preliminary transaction and case planning
  • Trouble shooting
  • The conduct of joint projects
  • The development of standard procedures and documents
What are the limits to the HE Shared Legal service, ie what does HE Shared Legal not do?

The service has no mandate to deal with the following:

  • Provide professional legal advice, with the benefit of legal liability (as opposed to informal, legal ‘guidance’ and ‘support’)
  • Represent institutions in relation to dealings with third parties
  • Conduct cases or transactions, although preliminary case/transaction planning is provided

Where support of this nature is required, HE Shared Legal will be happy to assist with the selection and engagement, on competitive terms, of suitable specialist legal advisers.

Who are the typical users of the service?

The service may be used by any nominated representative within a subscriber institution. Typically, the users of the service will be senior managers from one or more of the following disciplines:

  • Finance
  • Commercial
  • Governance
  • HR
  • Estates
  • Registry
  • Procurement
When did the service start?

The service opened for business on 1 May 2012.

How many institutions have joined the service?

There are currently eleven subscriber institutions, located in England, Scotland, Wales and Northern Ireland.

How is HE Shared Legal funded?

Having been funded initially by HEFCE grant, the service is now financed by subscription fees from subscriber institutions.  We also offer legal services consultancy to other HEIs and relevant sector bodies.

How much is the subscription?

The current subscription fee is £9,500, exclusive of VAT, covering the period of twelve months from 1 August 2018 to 31 July 2019. There are no additional usage or other charges.

How is the service staffed?

There are three members of staff – all lawyers qualified in Scotland as solicitors (and one is also qualified to practise law in Greece).  All three have a predominantly commercial background, which is suited to the ‘business to business’ character and ‘employer-side’ role of much of their work.

What legal form does the service take?

HE Shared Legal Limited is a company limited by guarantee, managed by its Principal Lawyer, who is the managing director of the company.  The company is planning in the longer term to convert the service from a subscription basis to a full VAT cost sharing group or some other suitable structure involving a measure of 'ownership' by the subscribing institutions.

Finally, what are the main benefits of the service?

The principal benefits of a subscription to HE Shared Legal are as follows:

  • Ready access to experienced legal resources at low cost
  • Potential to achieve substantial savings on external legal fees
  • Assistance with development of good practice and assurance
  • Access to sector-wide intelligence and contacts on legal issues
  • Part of the HEI 'corporate armoury'

For further information, please contact HE Shared Legal on 0141 237 5880 or enquiries@hesharedlegal.ac.uk.